- (1.) THIS is a reference by a learned Single Judge of this Court under Chapter V Rule 6 of the rules of Court. The following question has been refer red to us for answer: "whether the interpretation put by the Full Bench has the effect of cutting down the powers conferred by Order 41, Rule 33, and if so, to what extent"? The Full Bench case to which reference has been made is the case of 'rangam Lal v. Chandu' 34 all 32 (A ).
(2.) THE facts of the case are given in full in the judgment of the learned Single Judge dated 4-9-1953, disposing of the second appeal and in his order dated 1-2-1955 referring the question formulated above to a Bench of two Judges. Under the circumstances it is not necessary for us to give the facts of the case in detail.
(3.) BRIEFLY stated, the facts of the case are, that the plaintiff filed a suit for removal of obstruction placed by the defendants over a rasta by constructing a wall over it, and for the issue of an injunction. His case was that he was using this rasta, which is an old one, all along. But in 1944 suddenly the defendants closed that rasta. He was allowed for some time to pass through another gate of the Dharamshala. But ultimately that gate too was. closed, which necessitated the filing of the present suit.;